Appearently using or referencing the rules isn't copywrite violation. Using content material is. (You'll note that 4e is all content and not rules.)

So.. the safe thing to do, is to create your own criters and release it at 4e compaible. There is no need to obtain a license.

http://en.wikipedia.org/wiki/Kenzer_&_Company"With the release of the fourth edition, Wizards of the Coast has introduced its Game System License, which represents a significant restriction compared with the very open policies embodied by the OGL. In response, Kenzer & Company launched an updated version of Kingdoms of Kalamar compatible with the 4th Edition version of Dungeons & Dragons which does not conform to the new Game System License for approved use, instead releasing the campaign setting as an unlicensed supplement, similar to the original publication. The Dungeons & Dragons trademark is used in accordance with US law under a concept called Nominative use - the book merely says that it is for use with the new version. David Kenzer is named as an expert in copyright law."

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